The Banana Island Estate Management has imposed strict punishments on residents for engaging in public sexual acts in a bid to deter residents from such acts.
In a notice circulated over the weekend, the management introduced a fine of N3 million on residents caught engaging in such acts.
“It has been brought to our attention that both adults and minors/wards are engaging in inappropriate and indecent sexual acts at the Estate Recreation Centre.
“We wish to state categorically that this behavior is completely unacceptable. Aside from the moral indecency of these actions, they have directly resulted in significant damage to the park seats and property.
“Please note that this warning cuts across all public centres within the estate, including but not limited to the Children’s Playground and the Peace Garden. These facilities are meant for family-friendly recreation, not for such improper activities.
“We are hereby admonishing all parents and adult residents to speak firmly with their children, wards, and themselves to desist from these acts immediately. Our security team has been placed on strict instructions to clamp down on this activity across all mentioned locations.
“Effective immediately, any individual caught engaging in such acts will face a heavy penalty of N3,000,000 (Three Million Naira). This sanction is being implemented to serve as a strong deterrent and to protect the integrity of our shared community facilities.” the statement read.
What The Law States
In Nigeria, engaging in sexual acts in a public place is generally a criminal offence, under the Criminal Code, which applies in most southern states, public sexual conduct may amount to an “indecent act.” For example, Section 231 of the Criminal Code criminalizes indecent acts committed in public.
In Lagos State, the law is more explicit. Under the Criminal Law of Lagos State 2015, Section 134(a) makes it an offence to commit an indecent act in a public place without lawful excuse, punishable by up to two years’ imprisonment upon conviction.
Section 136 provides that a person who commits an act of gross indecency with another person in public commits an offence punishable by up to three years’ imprisonment. These provisions have been cited by the Lagos State Police and the Ministry of Justice to clarify that consensual sex in a car or any other public place remains an offence.
In northern states operating under the Penal Code, public sexual conduct may be prosecuted under provisions relating to public nuisance, public decency, or other morality offences, depending on the circumstances. Some northern states also have Sharia Penal Codes that impose additional offences and penalties on Muslims for acts considered contrary to Islamic morality.
The term “public place” is interpreted broadly. It includes places where members of the public have access, such as:
- Roads and streets
- Parks and beaches
- Motor parks
- Public toilets
- Vehicles parked in publicly accessible areas
- Hotels or premises where the act is visible to the public
